The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-07-23
VINEYARDS PUNISHMENT
THE SENTENCE IMPOSED UPON
THE PATRICIDE.

Four Years He Must Serve in the
Penitentiary - His Counsel Appeal
for Lenieucy-A Jurors Competency
Questioned-An Affidavit Regarding
Vineyards Health-Judge Adams
Opinion.
Judge Adams sentenced Willie Vineyard,
the boy who shot and killed his stepfather,
! Edward L. Thomas, TO four years in the
penitentiary At 1890 O'Clock the boy was
taken into court from the grand jury room,
where he had been waiting for about half
an hour. S. B. Adams, Esq, the prisoners
counsel, addressed the Judge and briefly re-
viewed the evidence in the case He re-
called the testimony that the provocation
for the killing was Thomas brutal treat
ment of his wife He said that the only
fault he had to find with the jury was that
one of the jurors had said before the trial
that the defendant ought to be hanged.
Mr. duBignon said that he could produce
afiidavits from the juror and others that
he had never made any such statement.
Mr.. Adams said that it had come to his
ears that the remark had been made by the
juror, but if he was mistaken he withdrew
what he had said. He further stated that
the defendant had omitted some things
from his statement that would have had
their effect with the jury; but that was nat
ural as the defendant was a boy. He asked
the court to be as lenient as was consistent
with justice. He added that he did not
think Wingard could give bond, and unless
he could, no motion for new trial would
be made, as he could not remain in Jail.
THE PRIsoNER's AFFIDAVIT.
10 tod afI1 tri+ ri
in which the latter swore that he did not
shoot Thomas while he was asleep, but
walked him up with the first shot and fired
the second when Thomas had risen almost
to a sitting posture. He further says that
his grandfather did not instigate the shoot
ing, but that he did it because Thomas
treatment of his mother goaded him on,
though he shrank from taking human life,
but finally he thought he ought to do it to
save his mother from further degradation
and from death. He denies that he
has ever said that he believed
he had done wrong. On the contrary
he has and does still believe that he did
right. He realizes how sad thing it is to
take life, but he does not feel that he has
been guilty of any crime, for he thinks that
he has only done what he had to do.
Mr.. Adams also submitted an affidavit
made by DIR. William Duncan, in which he
states that the action of Vineyards heart is
irregular and the force and volume of its
impulse is above normal, indicating de-
rangement of that organ. The doctor
thought that hard labor would increase the
arrangement.
Mr.. duBignon made few remarks in
which he urged that the verdict of the jury
was rendered from a sense of duty, though
every one of the jurors deeply sympathized
with the defendant, and if ever a verdict
was rendered despite sympathy that was the
one.
JUDGE ADAMS OPINION.
Judge Adams said that he had never had
a case before him which had given him so
much trouble and anxiety as this had. The
discretion which is imposed upon judge is
very wide and the responsibility is very
great He had very keen and earnest con
ception that it was his duty to enforce the
laws and mete out justice. but justice is not
always severity nor is severity always JUS
tee. The judge then said: Tho
jury convicted this defendant of
voluntary manslaughter, which the
statute defines as killing under that
sudden, violent impulse of passion, sup
posed to be irresistible and with considera-
bic provocation. | have considered the
question of the circumstances surrounding
this individual and how strongly they oper-
ated upon him. My Judgment does not con-
denim the verdict Of the jury. TWAS case
which appealed peculiarly to those functions
which the law vests in a jury The jury
trying the case was above the average one
in intelligence and standing
HIS RULING PASSION.
The provocation upon which this defend
ant acted finds its origin in the treatment
of his mother by his stepfather. have no
doubt as to the truth of the statement of
that treatment. 1t was no doubt cruel and
brutal Probably the strongest sentiment
in this defendant is his affection for his
mother. There were others at fault no
doubt The mother remained with her
husband and there was fault there.
but it is hardly fair to ascribe that
fault to this defendant. 1t is serious
thing to take human life but in this case |
have considered the youth of the defendant.
Where there is no provocation in the taking
of human life the extreme penalty of the
law should be imposed. A man or youth
who will take or attempt TO take fellow
beings life without provocation shows an
abandoned and malignant heart, and
that forbids the hope of his reformation.
But in case of this ind where party acts
in the heat of passion under considerable
provocatiOn, l think that the youth of the
individual is circumstance TO he taken
into consideration. Is there anything in
this case that forbids the idea that he may
become useful member of society! There
was nothing in the evidence in this case
which forbds the entertaining of
this hope. | do not believe that the inter
est OF society demands that this promise
should be destroyed by severe sentence
The conclusion at which have arrived, in
view of all the facts and circumstances, I
believe is a just one IL is certainly not the
offspring of sentiment or sympathy
The prisoner was then commanded to rise,
and he was sentenced to four years i'll the
penitentiarv.